Tuesday 26 October 2010

To PCC or not to PCC? Here's a helpful chart

Published here in the current issue of the UK Intellectual Property Office's IP Insight, in "IP enforcement in UK: Cheaper and simpler new procedure", but first published here as one of its IP Updates, is a very helpful chart prepared by international IP firm Marks & Clerk.  PatLit thanks Graham Burnett-Hall for letting us reproduce it for the benefit of our readers.



Patents County CourtHigh Court
(including Patents Court)
Types of IPR handledAllAll
Types of claimGenerally suited to simpler, lower value claims up to £500,000 in damages valueMore complex, higher value claims
Statements of caseMust contain the facts and detailed arguments on which the parties relyRelatively brief: must contain the facts on which the parties rely
Extensions to time limits for filing statements of caseOnly if allowed by the courtMay be made by consent or by order of the court
Standard disclosure of relevant documentsNoYes (but scope of disclosure limited in patent cases)
Specific disclosure of documentsOnly if ordered by the court at the case management conferenceIf ordered following an application to the court
Fact evidenceOnly if ordered by the court at the case management conferenceYes
Expert evidenceOnly if ordered by the court at the case management conferenceGenerally permitted
ExperimentsOnly if ordered by the court at the case management conferenceGenerally permitted in relevant cases
Written submissions (skeleton arguments) prior to trialOnly if ordered by the court at the case management conferenceYes
Cross examination at trialOnly if ordered by the court at the case management conferenceYes
Trial length1-2 daysTypically 2-15 days: often 4-5 days or more for patent cases
Costs recoveryCapped at £50,000 for cases determining liabilityGenerally the loser pays the winner’s costs, typically around 70% of amount spent - no cap

2 comments:

Anonymous said...

Copyright cases cannot be heard in the PCC, unless the claim is ancillary to a patents, designs or trade mark case (see McDonald v Graham [1994] RPC 407).

Also, the £500,000 limit is not in place yet.

Anonymous said...

In fact, copyright cases can be and regularly are heard in the PCC. The PCC's special jurisdiction does not include copyright, but the PCC has the ordinary copyright jurisdiction of the Central London County Court. In adddition, copyright cases commenced in other county courts tend to be transferred to the PCC.